Legal Question in Real Estate Law in

Dear sir

My grandfather built a property in 1961 wherein we are currently staying.

My grandfather died leaving behind 2 daughters and 2 sons including my father.

Both the daughters are married.

The property in question has a ground floor, 1st floor , 2nd floor and a roof.

After the death of my grandfather and approximately more than 20 years ago both the daughters signed a relinquishment deed for the said property equally in favour of both the brothers and in an amicable family settlement the 1st and 2nd floor was given to my Chacha and ground floor and roof right was given to my father although nothing in writing was done.

My father also passed 7 years ago. Now I have been trying to get the settlement through but now my chacha is creating problems and is telling us that he has a piece of paper as a will wherein my grandfather had named him the sole owner of the entire property. Also both the sisters in question also apparently with him and are threatening that they will say in court that the relinquishment deed was fradulently signed by them under pressure.

Please advise what my rights are and how can I get my rightful share. Would be really grateful to you.


Asked on 10/08/10, 4:22 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may simply file a suit for partition in the civil court and seek partition by metes and bounds. in case they challenge the relinquishment deed, it would be considered an afterthought as the deed is 20 years old. regarding the will, it can also be challenged.

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Answered on 10/08/10, 4:51 am
Vishwa Arya Arya & Co.

you should first try to get the copy of relinquishment deed from the office of registrar and see the contents of that relinquishment deed. had there been a will, the relinquishment deed would not have been required. the question of fraud does not arise as they them selves have signed in the office of registrar. why did chacha not declare the will at the time when relinquishment deed was signed and registered. You are entitled to ground floor and roof as per the oral partition and based on that you should file a suit for partition or you may seek partition of the property without emphasising upon ground flr and roof for your father.

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Answered on 10/08/10, 8:53 am


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